If you’ve searched for music to use in a video, podcast, game or social media project, you’ve probably come across the phrase “copyright-free music”. It sounds straightforward: a piece of music that is not protected by copyright. But that’s not usually what it means.
“Copyright-free” sounds like a legal term, but it isn’t. There’s no copyright status by that name, and no license defined by it. It’s a label attached to music that’s available to use, without saying what you’re allowed to do with it.
To understand what you can do with a track, you need to look past the label and check the license that comes with it.
Copyright-free isn’t the same as royalty-free
The confusion often comes from the way “copyright-free” and “royalty-free” are used together. They sound similar, but they describe different things.
Royalty-free describes a license. You pay for the right to use the music, and you don’t pay royalties every time the track is used. The exact terms depend on the license. Some allow commercial use, while others include restrictions on where or how the music can be used.
“Copyright-free” is different. It’s a marketing term that suggests the music is free from copyright restrictions, whether or not that’s actually the case.
Music that is free from copyright is far rarer than the label suggests.
Why most music is still protected
To understand why, it helps to look at the different types of copyright in music.
A piece of music can involve two copyrights: one in the composition itself and one in a specific recording of that composition. These rights are separate, and they can expire at different times.
In the UK, a composition stays in copyright for 70 years after the composer’s death. A recording stays in copyright for 70 years from the date it’s released.
This means an old composition can enter the public domain while a recording of it stays protected. For example, a piece of classical music written hundreds of years ago might no longer be protected as a composition, but a new recording of it is protected from the moment it’s made.
Can music ever be free from copyright?
Music can be free from copyright restrictions, but it’s uncommon.
When copyright expires due to age, the work enters the public domain. Older recordings may have reached the end of their copyright protection, but they’re unlikely to sound like modern productions. The recording technology of the time often means dealing with hiss, crackle or other limitations in the audio itself.
A creator can also choose to release a work under CC0, a Creative Commons license that gives up copyright restrictions as much as legally possible, so the work can be used freely.
However, releases like this are rare. Copyright exists automatically when a work is created, and giving up control over how it can be used isn’t straightforward in every country. Some countries don’t allow creators to waive copyright entirely, and even where it’s possible, once a work has been released under CC0, the rights holder can’t take back permissions already granted.
Most websites using the term “copyright-free” aren’t referring to this type of release.
Why websites still use the label
“Copyright-free” is appealing because it suggests simplicity. It implies that music can be used without worrying about copyright claims or complicated licensing terms.
However, it doesn’t explain what permissions have been granted or what restrictions apply.
In most cases, music described as “copyright-free” is still protected. Its owner has made it available under certain terms, whether through a subscription, a one-off payment, attribution requirements or another type of license.
The label sounds simpler than the reality, which is why it continues to be used.
The license matters more than the label
“Copyright-free” isn’t a guarantee that a track can be used without restrictions. A track can still be protected by copyright, and the license determines how you can use it.
Before using music in a project, check the license terms. That’s where you’ll find the permissions, restrictions and conditions that apply.
Want to know more about who owns the copyright? Our post Who Actually Owns the Copyright in Royalty-Free Music? covers this.
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